A federal judge of United States has recently blocked a Florida law that placed restrictions on drag performances, marking the 3rd instance this month where federal courts have halted laws supported by Florida Governor Ron DeSantis relating to gender or LGBTQ issues.
In all three cases, the laws supported by DeSantis, who is also a Republican presidential candidate, were deemed to potentially violate individuals’ constitutional rights.
In the recent ruling, U.S. District Judge Gregory Presnell of the Middle District of Florida granted an injunction to prevent the state from enforcing a law that prohibited minors from attending “obscene live performances,” stating that it was excessively broad.
However, the judge did not dismiss the law entirely, allowing the underlying lawsuit challenging it to proceed.
The governor’s office criticized the judge’s decision, asserting that it was “dead wrong” and expressing confidence in the state’s eventual victory on appeal.
Jeremy Redfern, a spokesperson for Governor DeSantis, defended the Florida law by stating, “Of course it’s constitutional to prevent the sexualization of children by limiting access to adult live performances,” in an email.
The lawsuit challenging the law was filed by Hamburger Mary’s, an establishment in Orlando that hosts drag shows, comedy sketches, and dancing. Hamburger Mary’s argued that the law was drafted so broadly that it would negatively impact their First Amendment right to free speech as protected by the U.S. Constitution. The judge concurred with the plaintiff, determining that they were likely to succeed in their First Amendment argument during the trial.
Judge Presnell stated that the Florida law was not necessary as the state already has existing statutes to protect against obscene performances. He further noted that the specific purpose of this law appeared to be aimed at suppressing the speech of drag queen performers.
Governor DeSantis has been actively involved in conservative efforts to restrict LGBTQ rights.
In a separate ruling on Wednesday, another judge invalidated a Florida rule and statute that prohibited state Medicaid payments for transgender healthcare.
This same judge, on June 6, partially blocked Florida from enforcing its recent ban on individuals under 18 receiving gender-affirming care, such as puberty blockers and hormone therapy.
In both of these cases, U.S. District Judge Robert Hinkle of the Northern District of Florida cited the guarantees of equal protection under the law provided by the 14th Amendment.
